Enterprises attack draft Labour Code

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Huynh Van Hanh, vice chairman of Ho Chi Minh City Wood Processing and Handicrafts Business Association - which represents 370 local and foreign companies, said the 17-chapter and 273-article draft law must be “fair and objective”.

“It seems that the draft law takes the side of protecting workers’ interests, while it fails to have any chapter highlighting employers’ interests. Employees and employers are not treated equally in the draft law,” Hanh claimed.
He said the draft law contained more than 60 instances of the phrases “an employer shall have an obligation” or “an employer has to”.

“We feel that employers are disregarded. These unfair regulations would prompt employees to demand more without being awared of their obligations, which are to help enterprises contribute to a prosperous economy. This is the implicit cause of labour disputes when employees are not satisfied,” added Hanh.

The National Assembly’s Committee for Social Affairs also found fault with the  draft law. The committee said the document meant employers would have to ensure labour safety and hygiene. “But, the draft law fails to specifically stipulate employees’ responsibilities and obligations in labour safety and hygiene in enterprises,” said the committee’s chairwoman Truong Thi Mai.

Jo In Sang, vice general director of garment maker Yakjin Vietnam, said the draft law also needed to include more regulations to protect enterprises when it came to illegal strikes. Sang noted that although companies could report strikes to police or the Ministry of Labour, Invalids and Social Affairs, a long time was needed to resolve the issues.

“So companies cannot help suffering a lot of financial damage due to strikes. I suggest the draft law make provisions for special policemen or officials to handle workers’ illegal strikes,” he said.
However, Ho Chi Minh City’s Department of Labour, Invalids and Social Affairs vice director Le Trong Sang stressed that the law’s prime aim was “protecting employees.”

“But, this also does not mean that employers’ rights and interests are belittled,” said a Ho Chi Minh City National Assembly delegate. He stressed the draft law would allow employers to temporarily close their factories to protect their assets when incidents or strikes occurred.

“A temporary lock-out should be allowed immediately without previous notice to the authority if the employer deems the situation dangerous for staff or corporate assets. The employer can notify the authority at the time of decision,” said American Chamber of Commerce (AmCham) in Ho Chi Minh City’s executive director Herb Cochran.